Saad v. Papageorge

The intestate, a child between three and four years of age, lived with his family in a tenement on the third floor of the defendants’ building. There were other tenements on the same floor, and access was from a common stairway on the outside of the building. The stairway was of wooden construction. An outside rail of ordinary height extended from upright supports at the top and foot of the stairway, and there was a board parallel with the rail, about midway between it and the treads of the stairway, and nailed onto the supports. The roof of the building extended over the stairway, which was…